Res 2004-214 - Laserfiche WebLink

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~ I I I ~ ~ 1.1. 7 Designate a single contact person assigned to coordinate the Contractor's performance 0 f obligations under this Agreement. Any changes to this designation must be made by the Contractor in writing to the City. 1.2 ACKNOWLEDGEMENTS The Contractor expressly acknowledges that: 1.2.1 It sells, installs, and maintains odor control systems and performs related services of the nature described in this Agreement in its normal and customary course of business, and that the City, compared to the Contractor, is relatively unfamiliar with the types of products and services described in this Agreement, and the City relies on the Contractor's superior knowledge for the provision of these products and services. 1.2.2 It has thoroughly reviewed information about the site(s) and understands the requirements for odor control as defined in Specification 11065, Part 2.01, Performance and Design Requirements of the RFP. 1.2.3 Time is of the essence of this Agreement. 1.3 GENERAL WARRANTIES The Contractor expressly warrants and represents that: 1.3.1 The Equipment will be merchantable and fit for its intended purposes. The Contractor acknowledges that the intended purpose for the Equipment provided is to control odors at the WWTP and remote locations in the City's collection system. 1.3.2 All Equipment and services provided by the Contractor under this Agreement will meet each of the requirements and representations described in this Agreement, including without limitation all requirements of Attachment A. 1.3.3 All services performed by or for it under this Agreement will be performed on a timely basis, and in a good, professional and workmanlike manner by persons having specialized knowledge as to the services performed. Startup and training provided by the Contractor as part of the Contractor's services under this Agreement will conform to Specification 11065, Part 1.04 of Attachment A and will be sufficient to enable the City staff to fully use the Equipment for the City's intended purpose. 1.3.4 The City will have ownership and use of the Equipment, and no change in the organization, structure or ownership of the Contractor will in any way interfere or diminish the City's ownership, use, possession and enjoyment of the Equipment. 1.3.4 All Equipment and services are warranted for a period of 10 years from the City's final acceptance of each installed unit in accordance with Specification 11065, Part 1.07 (B). 2